The applicant for a single industrial license may appeal the decision of a competent authority not to issue the documents provided for in art. 4 letter g) of Government Emergency Ordinance no. 140 of 2022 regarding the single industrial license, with subsequent amendments and completions, within the procedure for obtaining such a document initiated through PCUEL, or may choose, as appropriate, to resume the procedure if the elements that led to the denial of an approval/authorization/consent/permit, etc. have been corrected, modified or eliminated and no longer constitute an impediment to its issuance.

The appeal procedure requires the existence of a negative opinion from one of the competent authorities involved in the LIU granting process, possibly accompanied by the justification of that authority, specifying the factual and legal reasons that make it impossible to grant it in a favorable form.

In such a situation, the applicant may contest the decision of the respective authority by submitting a preliminary complaint (appeal) in accordance with the provisions of art. 7 of Law no. 554/2004 regarding administrative litigation, indicating the evidence they intend to use and the reasons they consider relevant in demonstrating an alternative factual or legal situation to that retained by the authority whose decision is being appealed.

The transmission of the preliminary complaint (appeal) and, where applicable, the accompanying documents, is carried out via PCUEL, automatically, to the authority whose decision is being appealed, having a suspensive effect on the issuing of the single industrial license until the issuance deadline has expired. The Office for Industrial Licenses does not grant the single industrial license if at least one of the competent authorities has established that the legal conditions for issuing the administrative act within its competence are not met, according to the provisions of art. 13 paragraph (8) from Government Emergency Ordinance no. 140/2022.

If the competent authority upholds its initial decision after reviewing the preliminary complaint or fails to respond within 30 days, the applicant may address the court (Tribunal) at their domicile/headquarters for annulment or modification of the contested administrative act.

The procedure continues in accordance with the provisions of Law no. 554/2004 regarding administrative litigation and the Civil Procedure Code, before the competent courts. The judgment delivered at first instance may be appealed, under the conditions and deadlines provided by the above-mentioned normative acts.